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1. Waikato Bay of Plenty Standards Committee 1 v Dhillon [2023] NZLCDT 5 (21 March 2023) [pdf, 123 KB]

   ...creates a general prohibition against in-house lawyers providing regulated services to the public. It ensures lawyers who provide regulated services to the public are either qualified to do so on their own account or supervised as an employee. Public protection, not privity of contract, is the decisive concern; a point the Tribunal has itself made: …section 9 addresses concerns where an employed lawyer acting outside that employer might, for example, lack supervision by an experie...

2. [2020] NZIACDT 52 - TBE v Proudman (4 December 2020) [pdf, 202 KB]

   ...sought, until he contacted Immigration New Zealand himself two days later, on 23 September 2018. [13] Ms Proudman’s advice to the complainant concerning the eligibility of his daughter was found to have been neither diligent nor given with due care. Nor did she notify him of the decline of the visa application in a timely manner. Her updates were unprofessional and dishonest. These were breaches of cl 1 of the Licensed Immigration Advisers Code of Conduct 2014 (the Code). Fu...

3. [2018] NZEnvC 027 Kumeu Property Limited v Auckland Council [pdf, 17 MB]

   ...be filed within a further ten working days. Any reply within a further ten working days, is to coincide with the final filing of the consent. REASONS Introduction [1] Kumeu Property Limited (the Appellant) is seeking to establish a supported care facility on a property adjacent to the corner of Taupaki Road and State Highway 16 in the Auckland rural area within the Countryside Living zone . [2] It is one of the first cases to be considered under the largely operative provisions...

4. International Covenant on Civil and Political Rights - 5th report [pdf, 386 KB]

   ...Zealand meets international human rights standards in many respects, and often surpasses them. Although New Zealand is not flawless, the report [Human Rights in New Zealand Today] shows that we have most of the elements essential for the effective protection, promotion and fulfilment of human rights: democracy, the rule of law and an independent judiciary free of corruption; effective structures of governance; specific processes for human rights and other forms of accountability; recogniti...

5. BORA Credit Contracts and Financial Services Law Reform Bill [pdf, 165 KB]

   ...The policy objective of the Bill is to revise and update the law that governs consumer credit and broader financial markets so that it: • ensures creditors lend to consumers and manage consumer credit contracts responsibly • provides improved protection for vulnerable consumers, including from unscrupulous lenders • provides for consumer credit law to be dealt with holistically in one Act, and is consistent with other financial sector legislation, and • promotes and facilita...

6. [2021] NZEnvC 180 Northern Land Property Limited v Thames-Coromandel District Council [pdf, 2.2 MB]

   ...throughout the appeal process. Notwithstanding the distance between the parties on the issue whether any development should occur, there was relatively limited argument before us about the text of the structure plan. Mr Vernon presented submissions carefully analysing the text and suggesting improvements to it. [60] We note at the outset that the term structure plan is defined in the proposed Plan as follows: Structure Plan means a guide to the development or redevelopment of a

7. Taranaki Standards Committee v Hamilton [2013] NZLCDT 22 [pdf, 94 KB]

   ...independent advice. Furthermore he has been in conflict of duties between two clients. Although he may have initially had good intentions in putting these clients together, once again there was no attempt to obtain independent advice or properly protect the clients and a breach of trust resulted. The Law [12] Section 3(1)(a) and (b) of the Lawyers and Conveyancers Act 2006 (“LCA”) reads: “3 Purposes (1) The purposes of this Act are-- (a) to maintain public confidenc...

8. Family and Sexual Violence work programme April [pdf, 327 KB]

   ...Legislation Bill. While the timing for the passage of the Bill and its entry into force are subject to Parliamentary decisions, work is underway to enable new court processes and ways of working in anticipation of new law. Simplifying and aligning Protection Order and Care of Children applications In support of the changes in the Bill, the Ministry is working to simplify and align protection order application forms and Care of Children Act (COCA) forms. The need to simplify th...

9. Inaia Tonu Nei - Hui Maori - English version WORD [docx, 69 KB]

   ...intergenerational effects of the racism, bias, abuse and colonisation that the justice system has created, enabled and continues to deliver almost 200 years since the signing of Te Tiriti o Waitangi. Māori did not sign Te Tiriti o Waitangi for tamariki to be in care, incarcerated or continually traumatised – this must stop now. Calls from those who attended the Hui Māori challenged the Crown and its officials directly for an enduring reform to stop the continuing degradation of whānau, h...

10. AFU v ZUC and ZUB [2013] NZDT 260 (21 March 2013) [pdf, 54 KB]

    ...respondents are liable and, if liable, the amount of their liability. These issues are determined on the evidence (what most likely happened) and law (negligence). Law [5] In law, the tort of negligence requires: (i) A breach of a duty of care owed to another person which results in reasonably foreseeable loss to the other person; and (ii) A duty of care owed to persons in such a relationship of proximity that a reasonable person would recognise that harm might ensue to...